LAWSUITS FILED OR PENDING

November 2009

To read this entire item of approximately 2000 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

Colorado City, Water District, and U.S. Agree to Stay of Litigation to Pursue Federal Legislation to Legitimize Its Use of Arkansas River Water

The City of Aurora, Colorado is seeking federal legislation to legitimize its use of Fryingpan-Arkansas Project facilities to export water from the Arkansas River Basin partly in response to a 2008 ruling by a federal judge. In 2007, the Lower Arkansas Water Conservancy District (Water District) sued the United States alleging that a contact with the City of Aurora, which allowed Aurora to use Fryingpan-Arkansas Project (FPA Project) facilities to export water from the Arkansas River was illegal. See, Lower Arkansas Valley Water Conservancy District v. U.S., 578 F.Supp.2d 1315, 1316 (D. Colo. 2008). Based on a March 18, 2009 settlement agreement, the parties agreed to stay the Water District’s suite to allow Aurora time to seek federal legislation to authorize its use of FPA Project facilities.